Title
PLN16-0375 - 2451 Hancock Street - Applicant: Annette Gromley for Rain Defense. A public hearing to consider a Use Permit to allow the construction of a 8’ tall slatted chain link fence along the perimeter of a proposed contractors yard. Use of a chain link fencing requires the approval of an administrative use permit. The property is located within the AP-MS (Alameda Point, Main Street) zoning district. This project is a Class 3 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15303 - construction of small structures.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-B
PROJECT
DESCRIPTION: PLN16-0375 - 2451 Hancock Street - Applicant: Annette Gromley for Rain Defense. A public hearing to consider a Use Permit to allow the construction of a 8’ tall slatted chain link fence along the perimeter of a proposed contractors yard. Use of a chain link fencing requires the approval of an administrative use permit. The property is located within the AP-MS (Alameda Point, Main Street) zoning district. This project is a Class 3 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15303 - construction of small structures.
GENERAL PLAN: Medium Density Residential
ZONING: AP-MS, Alameda Point, Main Street
PROJECT PLANNER: David Sablan, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Site Plan
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
Rain Defense’s contractor’s yard is currently located at 2400 Monarch Street, which is a part of the Alameda Point Site A project site and is owned and managed by the City of Alameda. Infrastructure improvements for Site A will be commencing within the next 30 days, and therefore - as landlord - the City of Alameda has entered into an agreement with Rain Defense to relocate from 2400 Monarch Street to 2451 Hancock Street, which is outside of the scope of work for Site A improvements.
Rain Defense is requesting approval of a Use Permit to allow the construction of a new eight foot (8’) tall slatted chain link fence around the perimeter of their lease space that will secure the new contractors yard at 2451 Hancock Street. The slats will be 75% wind resistant plastic. Per Alameda Municipal Code (AMC) Section 30-5.14(h), construction of non-residential fences requires the approval of an administrative use permit. Additionally, per AMC Section 30-5.15(f)2, the use of chain link fencing requires the approval of an administrative use permit, which may impose conditions requiring decorative materials, requiring landscaping, and enforcing regular maintenance. The contractors yard is an interim use of the property, and the applicant will remove the fence from the project site at the termination or expiration of the lease with the City of Alameda.
FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed eight foot (8’) tall fence is compatible with surrounding interim industrial buildings and uses. It is visually compatible to an existing chain link fence surrounding an adjacent interim industrial use. The proposed fence, properly maintained as condition, will provide a visual barrier between the contractor’s yard and the public right of way along Main Street adjacent to the site.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The proposed chain-link fence does not constitute a use that will require transportation and service facilities to accommodate users.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy.
The proposed fence will provide screening for a contractor’s yard, which is an interim use and in character with surrounding industrial interim uses. A fence of the approved size and character will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy.
4. The proposed use relates favorably to the General Plan.
The project site is located within the West Neighborhood sub-area from the General Plan’s Alameda Point Element. The proposed fence is accessory to an interim use within Alameda Point. As conditioned, the applicant/developer will be required to completely remove the fence from the project site at the termination or expiration of the lease with the City of Alameda. The removal of interim structures such as a chain link fence will reduce physical hindrances to the implementation of a future Master Plan that implements the policies for the West Neighborhood sub-area.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated July 19, 2016, by Annette Gormley, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
2. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Community Development Department for review and approval.
3. Vesting: The Use Permit approval shall expire six (6) months after the date of approval or by February 16, 2017, or the termination or expiration of the lease agreement - whichever comes first - unless authorized construction of the fence has commenced.
4. Duration & Expiration: Once vested, this Use Permit shall be valid for the duration of the lease agreement between the City of Alameda and the tenant, Rain Defense. Upon termination or eventual expiration of such a lease agreement this Use Permit will expire and the tenant of the lease shall be responsible for completely remove the chain link fencing from the site at the applicant’s sole costs.
5. Maintenance: The applicant shall be responsible for the maintenance of the chain link fence. This may include but is not limited to:
a. Repairing and replacing damaged links and/or slats.
b. Ensuring the entirety of the fence is properly erected, and promptly repairing any instances where the fence may be falling or has already fallen.
c. Immediately remove any graffiti.
6. Prohibited Materials: Use of barbed wire, razor wire, and other similar materials shall not be permitted as any part of any fencing on the project site.
7. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
8. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6
Environmental Determination
The Zoning Administrator has determined that this project qualifies for a Class 3 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15303 - New Construction of Small structures, which permits the construction of accessory structures such as fences.
Use Permit
The Zoning Administrator hereby approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: ___